Law Commons^™

The Story Of A Class: Uses Of Narrative In Public Interest Class Actions Before Certification, Anne E. Ralph

Washington Law Review

When litigants in public interest class actions tell their stories, the narratives can advance the law and influence public debate. But before class members’ stories can vindicate civil rights on the merits, plaintiffs must overcome the hurdle of class certification.

For decades, obtaining class certification under Federal Rule of Civil Procedure 23 was not a significant challenge for plaintiffs seeking to litigate as a class. But recent restrictive procedural developments—including heightened standards for class certification—threaten the powerful stories that can be told through public interest class actions.

Missing in the critical analysis of class action jurisprudence is any discussion of …

Civil Procedure—Environmental Class Actions: Economic Ramifications Of The Rule 23 Nonaggregation Doctrine—Zahn V. International Paper Co., 414 U.S 291 (1973), James C. Carmody

Washington Law Review

This note will examine the impact of Zahn v. International Paper Co. within the context of environmental litigation. It will briefly trace the history of the nonaggregation doctrine relied upon and reaffirmed by the Zahn majority, and describe the limitations imposed upon would-be federal plaintiffs by that doctrine. The note then will examine various alternative modes of adjudication, including the ancillary jurisdiction alternative suggested by dissenting Justice Brennan, which would have been preferable to the position adopted by the majority. Finally, and most importantly, the note will take a hard look at the deleterious economic effects of Zahn upon environmental …